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    • Sorry I've only just come onto break it just goes to page one of the thread for me. Do you know what post # it was?
    • Agree HB. Remove the cease and desist stuff. Otherwise it's a cracker! Shame you've used so many big words that they will just not understand.😅
    • That sounds pretty good. My only concern is the bit about the cease and desist letter to Excel, please wait for the guys to comment on your letter. HB
    • No mention of Schedule 4 of POFA = Only the driver is liable, not the keeper. Simply don't tell them who the driver is, which means  don't appeal. From a quick search of the site, yours is the first case I can see with Carparksecurities we've seen here so it'd be excellent if you keep up to date and engage with this thread. General advice is to ignore everything until / unless you ever get a letter of claim.
    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
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benefit fraud


Danilou91
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I'm trying to help as I am a fraud officer and state facts, my last post was tongue in cheek regrading the so called bonus we get.

 

You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

 

I'll tell you what then, I will remove my advice and make it easy for all and then we can just listen to the idiots, which from some posts is apparent they have no understanding of how the system works!

 

I could also be all of the things you mention, but I get nothing out of it so what would be the point in lying.

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You could be anyone,you could be a super troll,bus conductor or time waster for all we know !

 

& it's also fairly obvious from his answers, that he is none of these things. Any regular contributor to this site should be able to tell that!

 

Back to Danilou again. If everything you have said is correct then all you can do at the IUC is tell the truth. I'm no expert on ESA letters, but you will have been sent an award notice & the ESA rules at some point during your claim, probably on more than one occasion. You will have to explain why you didn't read them & hopefully there are no false forms or statements in your claim documents to destroy your excuse.

 

The overpayment amount cannot be changed, but whether a criminal offence has taken place or not is yet to be decided.

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The overpayment amount can be changed on appeal if the diminishing capital rule hasn't been applied. Less common for the dwp to forget to apply it, but it does happen.

 

Yes. But what I meant was that in this case, nothing will in the change in the amount of the overpayment as a result what happens at the IUC.

 

The exact amount will probably not have been calculated yet, but as long as the DM applies the rules correctly, the dates & amounts of money involved should already have been established. The IUC is to see why the overpayment has happened & to see if any further action is required as a result of the overpayment.

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Yes. But what I meant was that in this case, nothing will in the change in the amount of the overpayment as a result what happens at the IUC.

 

The exact amount will probably not have been calculated yet, but as long as the DM applies the rules correctly, the dates & amounts of money involved should already have been established. The IUC is to see why the overpayment has happened & to see if any further action is required as a result of the overpayment.

 

True the IUC changes nothing. Post IUC if the OP disagrees with the decision reached, for a valid reason, then the only recourse is to appeal the decision to a Tribunal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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So I had my interview at 11am, it lasted 45 minutes so not too bad.

Through the interview and my extensive paperwork and bank statements it was incredibly obvious that the overpayment has been their fault, not mine.

At the beginning of the interview I was told that I would be informed at the end of the interview if my case would be taken for prosecution and I wasn't so that's great!

 

The DWP were under the impression that I was always on income based (means tested) but on showing all the letters I have received the interviewer admitted that it would appear that I have been on contributions based.

 

I'm so relieved and can finally eat after 5 days of non stop worry! Thanks all :)

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fraud officer LOL ? Says it all . I am going though hell at the moment still and its a shame that Fraud officers don`t go by facts. That's why I said I heard....Its up to people who post the threads to believe it or not. You seem to have a lot of time on your hands. I think they make up the rules as they go along .. They say one thing and do another. How did you get on today at your interview Danilou91?

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I'm so glad for you :) make sure you take care of yourself ! Has this effected your benefits ? Don`t you think they could of asked you before to send information / proof that it wasn't your fault before calling you in for a interview ?

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They have still stopped my benefits until a 'decision maker' decides if I have to pay anything back or not.

My mum asked why they went straight to an IUC and all they could say was that its standard procedure, typical!

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That's bad when its not your fault . I don't know about you but I think a lot of time stress upset and money could be saved if they done things a different way. I hope you won`t after pay anything back as wasn't your fault. I still don`t know where I stand and because they stopped my housing benefit / council tax benefit if it isn't sorted it couple weeks wont have home :( .. Please let me know what the Decision maker decides and I hope you hear off them soon

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That's bad when its not your fault . I don't know about you but I think a lot of time stress upset and money could be saved if they done things a different way. I hope you won`t after pay anything back as wasn't your fault. I still don`t know where I stand and because they stopped my housing benefit / council tax benefit if it isn't sorted it couple weeks wont have home :( .. Please let me know what the Decision maker decides and I hope you hear off them soon

 

Things can't be done a different way, if an offence is believed to have been commited any further contact has to be under caution as potentially the outcome could be court, so anything said has to be recorded to cover all concerned.

 

It's also not crystal clear from the outset of an investigation of what has actually happened, as with most cases evidence normally collected appears to show guilt. Once you hear both sides of the story and get a claimants explanation this occasionally changes things as they can explain why you might have x, y or z. The point of an IUC is to obtain the facts.

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That is why i said support group esa..where it is not income related.

 

Support Group ESA can be contribution or income related. If it's income related, the same capital limits apply to the SG as apply to the WRAG or the assessment phase.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Any idea how the contribution bit works Or a link for explanation?

ok found it..

 

To be entitled to contributory employment and support allowance you must have paid enough national insurance contributions.

 

What if I have savings or other income, will that matter?

 

It does not matter what other income or savings you have, other than any occupational or personal pension. This may reduce how much contributory ESA you receive.

 

If you are placed in the support group there will be no time limit on how long you can receive contributory ESA.

Edited by geoffthechef
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Any idea how the contribution bit works Or a link for explanation?

ok found it..

 

To be entitled to contributory employment and support allowance you must have paid enough national insurance contributions.

 

What if I have savings or other income, will that matter?

 

It does not matter what other income or savings you have, other than any occupational or personal pension. This may reduce how much contributory ESA you receive.

 

If you are placed in the support group there will be no time limit on how long you can receive contributory ESA.

 

Yes, this is all correct, but does not apply to those who are on Income Related ESA and are in the Support Group.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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